Common Areas

Have you noticed the 'chain link' fence with "No Trespassing" signs around the 'common areas'? How could you help but notice, right? Did you know that violates the CC&R's. As a "deed restricted" community, shouldn't you be able to access and enjoy the common areas that you are paying for? In fact, Article II, Section 1 of the Declaration provides that “[e]very Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot.” Have you had that right? Shouldn't the rules be fairly and uniformly enforced for everyone? As you are painfully aware, the chain link fence is no subtle reminder that your community 'rights' are being trampled. But your so called 'rights' don't matter here; just give the HOA your money and shut-up!! Extortion, fraud, intimidation, oppression, and coercion is what really matters and how business is conducted at Cross Tie Ranch!! Wait a minute, is this Iraq??

Here's a little background:

On or about March 5, 1999, Gene T. Chambers, as Trustee and only as Trustee for the Bankruptcy Estate of Cross Tie Limited Partnership, Case No. 96-04445-6B7, pursuant to the Order Granting Motion to Sell Property of the Estate entered by the U.S. Bankruptcy Court on February 25, 1999, in consideration of the payment of $20,000.00, conveyed to Sweetwater Holdings by Trustee’s Deed all right, title and interest in the following real property in Lake County, Florida, described as follows:

Tracts A, B, C, D, E, F, G, and H, Cross Tie Ranch, according to the plat thereof, as recorded in Plat Book 34, Pages 65-68, Public Records of Lake County, Florida.

and

Tract A, Cross Tie Ranch Phase II, according to the plat thereof, as recorded in Plat Book 35, Pages 65-70, Public Records of Lake County, Florida.

Were you informed by your realtor or the developer that there aren't any 'Common Grounds'? Residents of Cross Tie Ranch own their lot and home and that's all. The 'common areas' for Cross Tie Ranch have been sold several times to parties outside of the community. Despite what others would have you believe, you do NOT have any right to access or enjoy the tracts of land that were originally set aside for the benefit and enjoyment of the residents. Simply stated, Cross Tie Ranch as a subdivision with common grounds doesn't exist anymore!! To be more precise, 'legally' the Cross Tie Ranch subdivision never has existed. The value of your home has been reduced by what would have been an undivided interest in the common areas. Ask yourself this:

Do you really want to pay for land you already paid for?
Do you really want to pay the overdue taxes for Mark Carson?
Are you willing to pay tens of thousands of dollars per lot that will be needed to fix everything that should have been paid by the developer?
Are you willing to live with a permanent increase of double the annual assessment?
Are you willing to accept the very real possibility of HUGE special assessments probably this year?
Are you willing to accept up to 10% annual assessment increases in the future (2005 and beyond) that will total $100 or more?

Confusing isn't it? The Covenants, Conditions, and Restrictions (CC&R's) spell out the rights and responsibilities of both the homeowner and the HOA. You can think of the CC&R's as a 'contract' between the HOA and you. Unfortunately, in the case of Cross Tie Ranch that contract has been breeched in numerous areas. That means the contract is no longer in force and that the CC&R's are null and void. As a matter of fact, the CC&R's or 'deed restrictions' never have and never will be enforceable. There is the matter of the DBPR fining Cross Tie Ranch Limited Partnership $4.79 million for statutory violations of land sales in the state of Florida. So the Cross Tie Ranch Home Owners Association and the legalities surrounding it's formation were never properly executed in the first place. Reviving an illegal corporation (HOA) doesn't make it legal, it simply continues the atrocities of the past.

Currently, this bogus HOA is attempting to convince (blackmail) the residents into believing that they need to 'buy back' the common grounds. They are trying to get you to vote to DOUBLE the annual dues. First of all, each resident has already paid for an undivided interest in the common grounds in the price of their lots. But never mind that, they see your pockets as a bottomless money pit in which they can dip into at their whim. This illegitimate HOA has also stated that they will assume the past unpaid tax liabilities for the common grounds. Wait a minute!! The residents are already being taxed on the common areas in their property taxes...so the county gets to collect the taxes on the common areas twice?? Well anyway, back to the extortion of money to pay for land you already paid for and have been fenced off from using...each resident will also be assessed additional monies to pay the overdue tax bills. Think of that as paying someone else's taxes. More than likely there are other liens and\or financial burdens on the land which will also be assessed to the residents. Adding to the financial extortion, the residents will be assessed to repair the facilities like the tennis courts, picnic pavilion, and stables. Those special assessments could run into the tens of thousands of dollars per lot, however there are those that have a financial interest in you paying that will try to convince you otherwise. If you don't think you could be charged such ridiculous or unfounded fees, check this out. Or read this letter. Nothing or no one to stop them except the courts.

Was all of this disclosed to you when you purchased? Did you sign a disclosure statement with everything fully disclosed? Exercise your rights by filing a complaint against your realtor, builder, or developer. You can do so with a "Uniform Complaint Form" and sending it to the Florida Real Estate Commission (FREC) or the appropriate DBPR division. FREC has stated that there is NOT a time limitation for you to file your complaint. Everyone is strongly encouraged to file a compliant even if you feel it may be too late or you think it may not have merit. Every Cross Tie Ranch owner has been materially damaged by the events that have occurred. And you have a moral right and obligation to file a complaint against those who have put you in this position!!

View the Common Area Appraisals.